Ruling on written divorce Fatwa No: 469171
- Fatwa Date:14-1-2023
Before knowing that divorce is even counted if sent via sms/text,I sent word "divorce / i divorce you "several times in different occssion to my wife to scare her(or i have doubt about my intention)during quarrel. But every time i refused to issue divorce certificate by saying that i will not divorce you formally / i will not say divorce by mouth.Was my divorce counted as i knew divorce is counted only by uttering/ issuing divorce certificatejQuery1110007703090161591808_1646038059444
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
Written divorce is a metaphor for divorce in our view.
Ibn Qudamah said in Al-Mughni: “Written divorce is a metaphor of divorce and divorce takes effect with the husband's intention. This opinion was adopted by Ash-Shafi‘i, An-Nakh‘i, Az-Zuhri, Al-Hakam, Abu Haneefah, and Malik.”
The doubts about the intention of divorce are not considered because the basic principle is that the marriage is intact. Al-Majd Ibn Taymiyyah said in Al-Muharrar: “If a husband doubts pronouncing divorce or its condition, he should rely on what is certain, which is the intact marriage bond.”
Documenting divorce is not a condition for its effectuation. If a husband pronounces explicit words of divorce or a metaphor of divorce or wrote the words of divorce while intending to initiate divorce, it takes effect even if the divorce is not documented (no certificate of divorce is issued). It is better to document divorce because it helps preserve people’s rights and eliminate potential disputes.
Finally, it should be noted that marital problems should be solved with wisdom, reason, and mutual understanding. The spouses should fulfill the rights of one another to realize the stability of the family, being a Sharee‘ah objective of marriage. Allah, The Exalted, Says (what means): {And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.} [Quran 30:21] You should know that resorting to divorce often incurs remorse. In addition, threatening one’s wife with divorce contradicts the Divine command to live with her in kindness. Allah, The Exalted, Says (what means): {And live with them in kindness.} [Quran 4:19]
Allah knows best.